2021 -- H 5506

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LC000803

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- RESPONSIBLE RECYCLING, REUSE AND

DISPOSAL OF MATTRESSES

     Introduced By: Representatives Vella-Wilkinson, Azzinaro, and Shanley

     Date Introduced: February 12, 2021

     Referred To: House Corporations

     (Governor)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-90-5 of the General Laws in Chapter 23-90 entitled "Responsible

Recycling, Reuse and Disposal of Mattresses" is hereby amended to read as follows:

     23-90-5. Mattress stewardship plan.

     (a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress

stewardship plan for the establishment of a mattress stewardship program to the corporation

director for approval.

     (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is

technologically feasible and economically practical:

     (1) Identify each producer's participation in the program;

     (2) Describe the fee structure for the program and propose a uniform stewardship fee that

is sufficient to cover the costs of operating and administering the program;

     (3) Establish performance goals for the first two (2) years of the program;

     (4) Identify proposed recycling facilities to be used by the program, such facilities shall not

require a solid waste management facilities license;

     (5) Detail how the program will promote the recycling of discarded mattresses;

     (6) Include a description of the public education program;

     (7) Describe fee-disclosure language that retailers will be required to prominently display

that will inform consumers of the amount and purpose of the fee; and

     (8) Identify the methods and procedures to facilitate implementation of the mattress

stewardship program in coordination with the corporation director and municipalities.

     (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the

corporation shall make a determination whether to:

     (1) Approve the plan as submitted; or

     (2) Deny the plan.

     (d) The corporation director shall approve the plan for the establishment of the mattress

stewardship program, provided such plan reasonably meets the requirements of this section. Prior

to making such determination, the corporation director shall post the plan for at least thirty (30)

days, in accordance with the "Administrative Procedures Act" as set forth in chapter 35 of title 42

on the corporation's website and solicit public comments on the plan to be posted on the website.

     (e) In the event that the corporation director denies the plan, the corporation director shall

provide a notice of determination to the council, within sixty (60) days, detailing the reasons for

the disapproval. The council shall revise and resubmit the plan to the corporation director not later

than forty-five (45) days after receipt of notice of the corporation director's denial notice. Not later

than forty-five (45) days after receipt of the revised plan, the corporation director shall review and

approve or deny the revised plan. The council may resubmit a revised plan to the corporation

director for approval on not more than two (2) occasions. If the council fails to submit a plan that

is acceptable to the corporation director, because it does not meet the criteria pursuant to

subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan

and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant

to this section, the council shall implement the mattress stewardship program.

     (f) It is the responsibility of the council to:

     (1) Notify the corporation director whenever there is a proposed substantial change to the

program. If the corporation director takes no action on a proposed substantial change within ninety

(90) days after notification of the proposed change, the proposed change shall be deemed approved.

     For the purposes of this subdivision, "substantial change" shall include, but not be limited

to:

     (i) A change in the processing facilities to be used for discarded mattresses collected

pursuant to the program; or

     (ii) A material change to the system for collecting mattresses.

     (2) Not later than October 1, 2017, the council shall submit to the corporation director for

review, updated performance goals that are based on the experience of the program during the first

two (2) years of the program.

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     (g) The council shall notify the corporation director of any other changes to the program

on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation

director for approval. Such changes shall include, but not be limited to, a change in the composition,

officers, or contact information of the council.

     (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose

a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform

fee more frequently than once every two (2) years if the council determines such change is needed

to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent

auditor to ensure that such assessment does not exceed the costs of the mattress stewardship

program described in subsection (b) of this section and to maintain financial reserves sufficient to

operate the program over a multi-year period in a fiscally prudent and responsible manner. Not

later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall

render an opinion to the corporation director as to whether the proposed mattress stewardship fee

is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress

stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90)

days after the auditor notifies the corporation director that the fee is reasonable. If the auditor

concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council

with written notice explaining the auditor's opinion. Copies of all documents related to the auditor's

evaluation and opinion, along with the financial information provided by the council, shall be filed

with the corporation and considered public documents pursuant to chapter 2 of title 38 ("access to

public records"). Not later than fourteen (14) days after the council's receipt of the auditor's opinion,

the council may either propose a new mattress stewardship fee, or provide written comments on

the auditor's opinion. If the auditor concludes that the fee is not reasonable, the corporation director

shall decide, based on the auditor's opinion and any comments provided by the council, whether to

approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The

cost of any work performed by such auditor pursuant to the provisions of this subsection and

subsection (i) of this section shall be funded by the council.

     (i)(1) On and after the implementation of the mattress stewardship program, each retailer

shall add the amount of the fee established pursuant to subsection (b) of this section and described

in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee

shall be remitted by the retailer to the council. The council may, subject to the corporation director's

approval, establish an alternative, practicable means of collecting or remitting such fee.

     (2) On and after the implementation date of the mattress stewardship program, no producer,

distributor or retailer shall sell or offer for sale a mattress to any person in the state if the producer

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is not a member of the council.

     (3) No retailer or distributor shall be found to be in violation of the provisions of this

section, if, on the date the mattress was ordered from the producer or its agent, the producer of said

mattress was listed on the corporation's website in accordance with the provisions of this chapter.

     (j) Not later than October 1, 2016, and annually thereafter, the council shall submit an

annual report to the corporation director. The corporation director shall post such annual report on

the corporation's website. Such report shall include, but not be limited to:

     (1) The weight of mattresses collected pursuant to the program from:

     (i) Municipal and/or transfer stations;

     (ii) Retailers; and

     (iii) All other covered entities;

     (2) The weight of mattresses diverted for recycling;

     (3) Identification of the mattress recycling facilities to which mattresses were delivered for

recycling;

     (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the

commodities sold to secondary markets;

     (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:

     (i) Rhode Island resource recovery corporation; and

     (ii) Any other facilities;

     (6) Samples of public education materials and methods used to support the program;

     (7) A description of efforts undertaken and evaluation of the methods used to disseminate

such materials;

     (8) Updated performance goals and an evaluation of the effectiveness of the methods and

processes used to achieve performance goals of the program; and

     (9) Recommendations for any changes to the program.

     (k) Two (2) years after the implementation of the program and upon the request of the

corporation director, but not more frequently than once a year, the council shall cause an audit of

the program to be conducted by the auditor described in subsection (h) of this section. Such audit

shall review the accuracy of the council's data concerning the program and provide any other

information requested by the corporation director. Such audit shall be paid for by the council. The

council shall maintain all records relating to the program for not less than three (3) years.

     (l) No covered entity that participates in the program shall charge for receipt of mattresses

generated in the state. Covered entities may charge a fee for providing the service of collecting

mattresses and may restrict the acceptance of mattresses by number, source or physical condition.

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     (m) Covered entities that, upon the date of this act's passage, have an existing program for

recycling discarded mattresses may continue to operate such program without coordination of the

council, so long as the entities are able to demonstrate, in writing, to the corporation director that

the facilities to which discarded mattresses are delivered are engaged in the business of recycling

said mattresses and the corporation director approves the written affirmation that the facility

engages in mattress recycling of mattresses received by the covered entity. A copy of the written

affirmation and the corporation's approval shall be provided to the council by the corporation

director in a timely manner.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- RESPONSIBLE RECYCLING, REUSE AND

DISPOSAL OF MATTRESSES

***

     This act would require copies of auditor's documents relative to evaluation and opinion

about fees to be filed with the Rhode Island Resource Recovery Corporation and be considered

public records pursuant to chapter 2 of title 38, access to public records.

     This act would take effect upon passage.

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LC000803

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